Protection of minors
even with
empty tanks.
Protection of minors
even with
empty tanks.
of
Are online retailers allowed to send empty replacement tanks for e-cigarettes to just anyone? Is it enough if the tank contains no liquid at all? And what happens if there is no age check?
What is it all about?
Two companies, both of which sell e-cigarettes and accessories, faced each other in court. The defendant had offered an unfilled replacement tank for a specific model via Amazon. Buyers can then fill such a tank themselves with a liquid, a so-called e-liquid, and then vaporize it in an e-cigarette.
The plaintiff carried out a test purchase and discovered that the age of the purchaser or recipient was not checked either when the order was placed or when the goods were delivered. The plaintiff considered this to be a violation of the German Protection of Minors Act and therefore also a violation of competition law. She sued for injunctive relief, information and reimbursement of the warning costs.
The decision of the Federal Court of Justice
The Federal Court of Justice largely confirmed the lower courts in its ruling of 11.03.2026 – Ref. I ZR 106/25 according to the press release and clarified that unfilled replacement tanks for e-cigarettes are also considered “containers” within the meaning of the Youth Protection Act. This is already clear from the wording, but also from the meaning and purpose of the regulation.
The court’s central argument is that replacement tanks for e-cigarettes are solely intended and suitable for the consumption of e-liquids. They therefore pose a health risk to children and young people even if they are not yet filled. An empty tank therefore does not make the product “harmless”, but is a functional component of the e-cigarette.
Since replacement tanks for electronic cigarettes are solely intended and suitable for the consumption of e-liquids in electronic cigarettes, they pose a health risk to children and adolescents even if they are not filled.
What does that mean in concrete terms?
Shipping unfilled replacement tanks for e-cigarettes without an age check violates the prohibition of sale under the German Youth Protection Act. Anyone who offers and ships such products in online retail without ensuring that they are not sold to minors is acting in an anti-competitive manner and must expect corresponding cease and desist letters .
Practical tips for online retailers
This decision has considerable significance for all retailers who sell e-cigarettes or accessories over the internet. The Federal Court of Justice makes it clear that it is irrelevant for the application of the Youth Protection Act whether a tank is already filled or not. The only decisive factor is that the product is intended for the consumption of e-liquids.
Online retailers must therefore ensure effective age verification for all e-cigarette accessories – including empty tanks and spare parts. This applies to both the ordering process and delivery. Those who fail to do so risk cease and desist letters and injunctions from competitors.
Conclusion
The protection of minors does not end when the tank is empty. Anyone who sells e-cigarette accessories online must fully comply with the legal age control requirements – regardless of whether the product already contains a liquid.
The strict regulations relating to tobacco products and e-cigarettes cannot be avoided by selling unfilled accessories.
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